WA Property Settlement Rights for Him

[Dee-Ann]

Hi guys,

new to this, just wanting some clarification.
Male married 17 years, remaining in the family home (3yrs now)and taking care of all the bills mortgage etc (including ex's car on the mortgage)
ex will not move forward with settlement, makes offers and when he accepts reneges.
What is he within his legal rights to do?

 

[Poidah]

Still married? Divorce would seem the logical next step? At least then there is the 12 month clock ticking for the property settlement afterwards.
Can get the divorce process started even as a sole applicant...

 

[Suzi]

Depending on the size of the asset pool available for distribution could make an application for property settlement to the court. Even if it's a relatively small pool, commencement of proceedings usually makes the other side take notice.

The court will usually order that the parties attend a conciliation conference to try to come to an agreement and failing that, start heading towards a trial.

A trial can be a very costly exercise, so it will be in everyone's interest to try to settle before you there.

Podiah (above) is correct that a Divorce Order would start the clock ticking, however, if no application is made before the 12 month deadline has passed, then you will have to request an extension of time along with the property settlement orders. Once you file a Divorce Application, the hearing isn't usually listed for at least 4 to 6 weeks and sometimes longer. The Divorce order will be made one month and one day after the hearing and then the 12 month clock starts ticking. If you go down this path there will be somewhere between 14 and 16 months time from now before you hit the deadline to make an application. If they haven't been able to agree without any outside intervention in 3 years, I fear that the matter will only drag on unless someone makes an application.

 

[Poidah]

court will usually order that the parties attend a conciliation conference

It may be worth attending mediation first by approved and govt recognised dispute resolution practitioners. So even if the ex do not attend or reneges decisions made at the mediation, the disagreement would be more formally documented. When the mediation dispute resolution practitioners can then provide a certificate which allows and support a court application.

The court may then enforce a conciliation conference, as Suzi mentioned after the court application as well.

 

[sammy01]

get it sorted asap. So asset division is done at the time it is sorted NOT when she left the home. So let's exagerate - he waits 10 years, the house has gone up by $400 000. He wants to sell. Her name is still on the title. So even though there is a 12 month window for asset divison in family law, SHE still technically owns half because her name is on the title. It gets messy.

apply to court if you can't get consent orders for asset division.

 

[Suzi]

There's also estate issues to be considered. If the property is held in joint names and one of them passes away, the property will automatically devolve to the survivor. A Will is only useful, in this circumstance, if the property is held as tenants in common.

 

[Dee-Ann]

Thank you all,

Mediation did occur where by she did not accept compromising to get this finalised.
He ended up refusing to take part in further mediation (3 attempts), sort legal advice but can not afford a lawyer.
Worry is she has a lawyer and is on record as stating she will take him for everything.

Asset pool is not large, he is quite a bit older so will need to be able to setup again when this is over.